University Act 2005

ACTS

Supplement to the Sierra Leone Gazette Vol. CXXXVI, No. 11

dated 10th March, 2005

THE UNIVERSITIES ACT, 2005

ARRANGEMENT OF SECTIONSSection

PART IPRELIMINARY

1. Commencement.2. Interpretation.

PART IIESTABLISHMENT OF CERTAIN UNIVERSITIES

3. Establishment of certain universities.4. Incorporation of University.5. Common seal.6. Retention and transfer of property, etc.7. Capacity of two Universities.8. Members of University.

PART IIIFUNCTIONS OF UNIVERSITY

9. Functions of University.10. Powers of University.

PART IVAUTHORITIES OF UNIVERSITY

11. University authorities.12. Chancellor of University.13. Duties of Chancellor.14. Pro Chancellor of University.15. Vice-Chancellor and Principal.16. Pro Vice-Chancellor.17. Deputy Vice-Chancellor.18. Registrar of University.19. Finance Director.

Section

20. Court.21. Court may appoint visitors, etc.22. Committees of Court.23. Senate.24. Meetings of Senate.25. Powers of Senate.

PART VUNIVERSITY ADMINISTRATION AND FINANCE

26. Registry of University.27. Staff of University.28. Staff associations.29. Campus Registry and Finance Office.30. Other staff of Campuses.31. Campus Standing Committee.32. Funds of University.33. Fund-raising by University.34. Accounts and audit.

PART VIGENERAL

35. Convocation.36. Congregation.37. Statutes of University.38. Regulations.39. Standing Orders.40. Miscellaneous powers.41. University Co-ordinating Committee.42. Establishment of other Universities by Minister.43. Establishment of private universities.44. Application of Act to private university.45. Repeal of Act No.18 of 1964 and Act No.22 of 1972.

SCHEDULES

ii

Short title.

No. 1 2005

Sierra Leone

THE UNIVERSITIES ACT, 2005

Being an Act to reconstitute the University of Sierra Leone,to establish the Njala University, to provide for the establishment ofother public universities and private universities and to provide forother related matters.

[ ]

ENACTED by the President and Members of Parliament in thispresent Parliament assembled.

Date of com-mencement.

SIGNED this 4th day of March, 2005

ALHAJI AHMAD TEJAN KABBAH,President.

LS

No. 1 Universities Act 2005No. 1 Universities Act 2005

PART IPRELIMINARY

1. This Act shall come into operation on such date as may befixed by statutory instrument made by the Minister.

2. In this Act, unless the context otherwise requires

academic staff means all persons holdingappointments as the case may be as professors,associate professors, senior lecturers, lecturers,assistant lecturers or teaching and researchassistants of the University or in other posts sodesignated by the Senate;

Campus means any of the constituent institutionsof a University specified in the First Schedule andreferred to in subsection (2) of section 3;

Court means the Court of a University establishedunder section 20 as the highest administrativeauthority of the University;

distinction means any academic award granted bya University with the approval of the Court;

extension in relation to work, means work done by aUniversity outside its walls;

faculty includes a School of the University;

graduate means a person to whom a degree hasbeen awarded by a University;

Minister means the Minister responsible for mattersof tertiary education;

Senate means the Senate of a University establishedunder section 23 as the highest academic authorityof the University;

special resolution means a resolution

(a) passed by the votes of not less than threefourths of the members of the Court presentand voting at a meeting of which noticesetting out the general nature of the businessto be transacted, has been given to themembers of the Court not less than twenty-one days before the meeting; and

(b) confirmed by a like majority at a subsequentmeeting of which like notice has been givenheld in not less than one and not more thanthree calendar months after the meetingmentioned in paragraph (a);

Statutes means the Statutes of the Universitycontained in the Second Schedule;

Tertiary Education Commission or Commissionmeans the Commission established by the TertiaryEducation Commission Act, 2001;

University means a University established bysection 3 and includes any other Universityestablished under section 42.

PART II ESTABLISHMENT OF CERTAIN UNIVERSITIES

3. (1) There are hereby established two universities to beknown respectively as

(a) the University of Sierra Leone; and

(b) the Njala University;

C o m m e n c e -ment.

2 3

Interpretation.

Establishmentof certainUnivertisities.

Act No. 8 of2001.


consisting of the institutions specified in the First Schedule in relationto each university.

(2) Each institution specified in the First Schedule inrelation to the University of Sierra Leone or, as the case may be, tothe Njala University, shall constitute a Campus of the respectiveUniversity, and any other institution stated in that Schedule asconstituting or incorporated with the institution concerned, shallcease to exist in its former name.

(3) A University shall not be liable for anything, whetherthe transfer of any course of study from it to another or from one ofits Campuses to another, arising from subsection (l) or (2).

4. Each University shall be a body corporate with perpetualsuccession and power to acquire, hold and dispose of property,whether movable or immovable, to enter into contracts, to sue and besued in its corporate name and, subject to this Act, to do all thingswhich a body corporate may lawfully do.

5. Each University shall have a common seal, for which theCourt shall be responsible and for the use of which the Court shallalso make provision accordingly.

6. (1) All property and other assets held immediately beforethe commencement of this Act by each of the institutions specifiedunder the University of Sierra Leone and the Njala Universityrespectively in the First Schedule shall continue to be held by eachof them for their use but the liabilities attaching thereto shall vestrespectively in the University of Sierra Leone and the Njala University.

(2) All assets and liabilities held by the University ofSierra Leone under the University of Sierra Leone Act, 1972immediately before the commencement of this Act, shall be sharedequally between the University of Sierra Leone and Njala Universityas established by this Act, under the supervision of the TertiaryEducation Commission.

7. Each of the two Universities established by this Act shallexercise only the powers conferred hereby.

8. The members of each University shall be the following:-

(a) the Chancellor;

(b) the Pro Chancellor;

(c) the Vice-Chancellor and Principal;

(d) the Pro Vice-Chancellor;

(e) the Deputy Vice-Chancellor;

(f) the Court;

(g) the Senate;

(h) the academic staff;

(i) all senior officers of the University;

(j) all graduates;

(k) the Convocation;

(l) the Congregation.

PART III- FUNCTIONS OF UNIVERSITY

9. (1) The object for which each University is established isteaching, research, serving as an examining body and the provisionof professional, community as well as commercial services.

(2) Without prejudice to the generality of subsection (1),it shall be the function of each University to

(a) provide instruction in such branches oflearning as it may think fit and make provisionfor research and for the advancement anddissemination of knowledge in such manneras may be determined by it;

4 5

Incorporationof University.

Common seal.

Retention andtransfer ofproperty, etc.

Capacity oftwo Universi-ties.

Act No. 22 of1972.

Members ofUniversity.

Functions ofUniversity.


(b) provide the appropriate manpower needs,consistent with the overall socio-economicaims and aspirations of the country;

(c) provide, as may be determined by it, externalor extension services for persons who arenot regularly enrolled in the University;

(d) grant degrees, diplomas and certificates andsuch other awards as the University maydetermine;

(e) preserve academic freedom and avoiddiscrimination in teaching and research, inthe admission of students, the appointmentof staff and in the granting of degrees,diplomas, certificates and other awards:

Provided that it shall be lawful for theUniversity to charge different fees for theadmission of citizens and non-citizens;

(f) preserve, enrich and assist in thedevelopment of the economy and welfare ofSierra Leone, in particular, and humanity ingeneral, holding out the benefits of itsendeavours to all nations withoutdiscrimination;

(g) do all acts or things as are conducive to theattainment of the object stated in subsection(1).

(3) In this section discrimination means differenttreatment to different persons attributable wholly or mainly to theirrespective descriptions by race, tribe, place of origin, sex, politicalopinions, colour, creed or disablement.

10. For the purposes of its functions under this Act, eachUniversity shall have power, subject to this Act, to

(a) award the degrees of bachelor, masters,doctor or any such other degrees to personswho have undertaken and completed coursesof study provided by the University;

(b) award honorary degrees to and confer otherdistinctions on persons approved by theUniversity as having rendered distinguishedservices in the advancement of any branchof learning or who have otherwise renderedthemselves worthy of such degrees;

(c) grant diplomas and certificates to personswho, in the opinion of the Senate, are entitledto receive them;

(d) deprive any persons of any degree awardedor other distinction conferred on him andrevoke any diplomas or certificates or otheraward granted or conferred if the personconcerned is, in the opinion of the Court,guilty of a crime or conduct which isdishonourable or scandalous; and it mayrestore any degree or distinction deprived, ifit considers that that will be proper;

(e) establish professorships, associate pro-fessorships, senior lectureships, lectureshipsand any other such posts therefor;

(f) establish such administrative posts as maybe required by the University and appointpersons thereto;

(g) co-operate with any other University oreducational authorities on such matters andfor such purposes as may be determined fromtime to time by the University;

6 7

Powers ofUniversity.


(h) admit students for courses of study in theUniversity;

(i) provide for the printing and publication ofresearch and other works which may be issuedby the University;

(j) establish a Board of Trustees in which shallvest all the proprietary interests of theUniversity and its Campuses and which shallalso act as a trustee of any property,endowment or gift for the purposes ofeducation or research or otherwise infurtherance of the work or the welfare of theUniversity and invest any funds representingthe foregoing in accordance with theStatutes.

PART IVAUTHORITIES OF UNIVERSITY

11. The authorities of each of the Universities shall be

(a) the Vice-Chancellor and Principal;

(b) the Pro Vice-Chancellor;

(c) the Deputy Vice-Chancellor;

(d) the Court;

(e) the Senate.

12. Each University shall have a Chancellor who shall be thePresident of Sierra Leone.

13. (1) The Chancellor who shall be the head of everyUniversity, other than a private university

(a) shall have power

(i) to visit each University as and whennecessary or expedient;

(ii) to confer the degrees, diplomas,certificates and other academic awardsof the University;

(b) shall be Chairman of the Convocation and ofthe University on all ceremonial occasions.

(2) If the office of the Chancellor is vacant or, if for anyreason, he is unable to perform the duties of that office then, until aChancellor has been appointed or until the one holding that officehas resumed his duties, as the case may be, those duties shall beperformed by the Pro Chancellor, except that of the congregationprocess, including the conferring of degrees, diplomas, certificatesand other academic awards which shall be performed by the Vice-President or the Vice-Chancellor and Principal.

14. Each University shall have a Pro Chancellor who

(a) shall be appointed by the Chancellor, on theadvice of the Minister, from amongrespectable senior citizens of provenexperience and sound academic andadministrative distinction; and

(b) shall be Chairman of the Court withresponsibility for other duties in addition tothe chairmanship of the Court, as may bedetermined by the Court.

15. (1) Each University shall have a Vice-Chancellor andPrincipal who shall be a person of high academic and administrativedistinction and of the rank of a professor from a recognised university,or of high academic distinction, proven managerial skills and ability

8 9

Universityauthorities.

Chancellor ofUniversity.

Duties ofChancellor.

ProChancellor ofUniversity.

Vice-Chancellorand Principal.

No. 1 Universities Act 2005No. 1 Universities Act 2005 11

to mobilize and generate resources for the University, appointed bythe Chancellor on the advice of the Minister, based on therecommendation of the Court through a joint search committee of theCourt of the respective University and the Tertiary EducationCommission, under such terms and conditions as the Court maydetermine.

(2) The first Vice-Chancellor who shall have thequalifications referred to in subsection (1), shall be appointed by theChancellor on the advice of the Minister, after consultation with theTertiary Education Commission and under such terms and conditionsas the Court may determine.

(3) The Vice-Chancellor and Principal

(a) shall be the chief academic and administrativeofficer of the University and shall beresponsible generally to the Court and theSenate for maintaining and promoting theefficiency of the University and shall presentan annual report on those matters to theCourt;

(b) shall be the vote controller of the Universityand shall be co-signatory with the FinanceDirector of the University to all withdrawalsfrom the Universitys bank accounts,excluding campus accounts;

(c) shall cooperate with the Tertiary EducationCommission on matters pertaining to thatCommissions responsibility towards theUniversity.

(4) The Vice-Chancellor and Principal shall hold officefor an initial term of four years, subject to a mid term review as to hisability to continue, and shall, upon completion of the initial term, beeligible for reappointment for a second four year term only.

(5) If the office of the Vice-Chancellor and Principal isvacant or, if for any reason, he is unable to perform the duties of that

10

office then, those duties shall be performed by the Pro Vice-Chancellorand in the absence of both of them, the Court shall appoint one otherprofessor to perform the functions of Vice-Chancellor and Principal.

16. (1) There shall be a Pro Vice-Chancellor who shall beappointed by the Court from among the Deputy Vice-Chancellors ofthe University.

(2) The Pro Vice-Chancellor shall hold office for two yearsand shall be eligible for re-appointment for a further term of two yearsonly.

17. (1) Each Campus shall have a Deputy Vice-Chancellorwho shall be appointed in accordance with the Statutes from amongpersons who are not below the rank of associate professor from arecognised university and who must have held a senior administrativeor academic position in a university or other tertiary educationinstitution for at least five years.

(2) The Deputy Vice-Chancellor shall

(a) hold office for two years in the first instance,and shall be eligible for reappointment for afurther term of two years only; and

(b) subject to the general control and directionof the Vice-Chancellor and Principal, be thechief academic, administrative andaccounting officer of his Campus, and shall,in addition, continue to perform his academicfunctions.

(3) Where no candidate of the rank referred to insubsection (l) exists, persons who have held a senior academic positionnot below the rank of senior lecturer or its equivalent in a universityor other tertiary education institution for at least five years togetherwith such administrative experience as may be determined by theCourt, shall be eligible for appointment and may carry the title eitherof Dean of Campus, Provost or any other title approved by the Courtand shall perform the duties of Deputy Vice-Chancellor.

Pro Vice-Chancellor.

Deputy Vice-Chancellor.


(4) Without prejudice to the generality of subsection (2),the Deputy Vice-Chancellor shall be responsible for the following:

(a) supervision of teaching, research andcommunity activities of Deans of Faculties,Heads of Departments within his Campus,under the direction of the Vice-Chancellor andPrincipal;

(b) campus security;

(c) student welfare, including the enforcementof the rules binding the conduct of students;

(d) the provision of medical services; and

(e) any other duties assigned to him by the Vice-Chancellor and Principal.

18. Each University shall have a Registrar who shall beappointed by the Court, and who, under the supervision of the Vice-Chancellor and Principal

(a) shall be

(i) the principal adviser to the Vice-Chancellor and Principal onadministrative matters;

(ii) responsible for the conduct of theadministrative business of theUniversity other than that assigned tothe Court;

(iii) Secretary to the Court and to theSenate;

(iv) subject to section 5, the custodian ofthe University seal, and

(b) shall, subject to this Act, perform such otherduties as shall be prescribed by the Statutes.

19. Each University shall have a Finance Director, who shallbe appointed by the Court and who, under the supervision of theVice-Chancellor and Principal, shall

(a) administer the university funds in accordancewith such financial management policy as maybe prescribed by the University;

(b) prepare the annual budget and financialreport to be submitted to the Court by theVice-Chancellor and Principal, and

(c) advise the Vice-Chancellor and Principal onall financial matters.

20. (1) Each University shall have a Court which shall beconstituted in accordance with the Statutes and chaired by the ProChancellor.

(2) The Court shall be the highest administrative authorityof the University to which the Vice-Chancellor and Principal shallreport annually concerning the working of the University.

(3) Subject to this Act and the Statutes, the Court shallexercise all the powers and authority of the University, except onpurely academic matters for which it shall receive recommendationsfrom the Senate and any other body established by law for thepurpose.

21. The Court may, in addition to the functions conferred bythe Statutes

(a) appoint persons to visit any Campus of theUniversity with powers to inspect and reportthereon; and

1312

Registrar ofUniversity.

FinanceDirector.

Court.

Court mayappointvisitors, etc.


(b) make and discuss proposals for thepromotion of higher education in SierraLeone.

22. (1) The Court may appoint any number of persons,whether members of the Court or not, who may be willing to act asmembers of any committee, to advise it on any matter within thecompetence of the Court.

(2) In addition to the committee referred to in subsection(1), the Court shall also have an executive committee which shall beconstituted in accordance with the Statutes.

23. Each University shall have a Senate which shall beconstituted in accordance with the Statutes and which shall be thehighest authority of the University on all academic matters.

24. (1) The Vice-Chancellor and Principal or, in his absence,the Pro Vice-Chancellor shall preside at meetings of the Senate.

(2) If for any meeting of the Senate, the Vice-Chancellorand Principal and Pro Vice-Chancellor are absent, a Deputy Vice-Chancellor shall preside.

(3) In the absence, however, of all the officers referred toin subsections (l) and (2), the members shall appoint a Chairman fromamong themselves, preferably, not below the rank of associateprofessor.

25. (1) The Senate shall have powers to

(a) determine the minimum matriculationrequirements for admission to the Universityof students pursuing degree courses and toapprove the proposals of the Campuses withregard to the entry requirements of otherstudents;

(b) present to the Chancellor candidates fordegrees, diplomas, certificates and otheracademic awards of the University;

1514

(c) discuss any matter relating to the Universityand to report its findings on the academicimplications to the Court, and

(d) recommend to the Court what faculties,institutes and courses of studies should beestablished and where they should be located.

(2) The Senate may appoint any number of persons,whether members of Senate or not, who may be willing to act asmembers of any committee, to advise it on any matter within itscompetence.

(3) In additon to the committee referred to in subsection(2), the Senate shall also have an executive committee which shall beconstituted in accordance with the Statutes.

PART V UNIVERSITY ADMINISTRATION AND FINANCE

26. (1) Each University shall have a Registry which shall beheaded by the Registrar.

(2) Subject to this Act, the Registry shall be responsiblefor the administration of the University and shall be run at the directionof the Vice-Chancellor and Principal.

27. All academic and senior administrative staff of theCampuses and of the Registry shall be regarded as employees of theUniversity and shall be deployed by the University where and whenrequired.

28. (1) The staff of the University shall be bound by theterms and conditions of service negotiated by the appropriate staffassociations or other negotiating bodies and the University authoritiesand approved by the Court.

(2) Where the negotiating bodies mentioned insubsection (1) fail to agree on the terms and conditions of service forany category of staff, an arbitration committee shall be constitutedconsisting of three persons, one each nominated by the negotiatingbody and the University and the third nominated by the Ministerresponsible for labour relations and agreed to by both parties.

Committeesof Court.

Senate.

Meetings ofSenate

Powers ofSenate.

Registry ofUniversity.

Staff ofUniversity.

Staffassociations.


(3) The decision of the arbitration committee shall be final.

29. (1) Each Campus shall have a Registry to be headed by aDeputy Registrar as provided in the Statutes.

(2) Each Campus shall have a Finance Office to be headedby a Deputy Finance Director or a Senior Assistant Finance Officeras provided in the Statutes.

30. A Campus may appoint, in accordance with the Statutesand subject to the approval of the Vice-Chancellor and Principal,such other staff in addition to those referred to in section 27 as it mayrequire for the efficient performance of its functions.

31. Each Campus shall have a Standing Committee constitutedin accordance with, and to carry out such functions as provided inthe Statutes.

32. The funds of each University shall be derived from

(a) moneys appropriated by law for the purposesof the University;

(b) income earned by the University;

(c) tuition fees, and

(d) grants or gifts from any person or authority.

33. A University may seek and procure contributions to itsfunds and may lawfully raise moneys from any source as it may deemexpedient.

34. (1) Each University shall keep proper books of accountsand proper records in relation thereto and the books of accounts andrecords shall be in such form as the Auditor-General may approve.

(2) The books of accounts and the related records of theUniversity shall be audited each year by the Auditor-General or anauditor appointed by him and the report of the audit shall, pursuantto section 119 of the Constitution of Sierra Leone, be submitted toParliament.

(3) A copy of the audited accounts of the Universityforming part of an annual report shall be submitted to the Tertiary

1716

Education Commission by the Vice-Chancellor and Principal for itsinformation.

PART VIGENERAL

35. There shall be a Convocation of each University whichshall be constituted and held in accordance with the Statutes.

36. There shall be a Congregation of the University, whichshall be constituted and held in accordance with the Statutes.

37. (1) The Court may, either on its own accord or on therecommendation of the Senate, by special resolution, amend or addto the Statutes by statutory instrument, but the decision to amend oradd to the Statutes shall be by special resolution of the Court.

(2) Any amendment or addition to a Statute affecting orrelating to the status or constitution of an authority of the Universityshall not be made by the Court until it has obtained and consideredthe views of that authority on the amendment or addition, whichshall not come into effect until it has received the concurrence of theTertiary Education Commission.

(3) Pursuant to subsection (1), the Court may provide forthe regulation of any matter which the Court is empowered to regulateby this Act but may, without prejudice to the generality of that power,make provision for

(a) the election, appointment and continuancein office of the Vice-Chancellor and Principal,the Pro-Vice Chancellor, Deputy Vice-Chancellor and other officers of theUniversity; and

(b) the constitution, functions, duties andbusiness of the Court, Senate, Convocationand Congregation and the election andcontinuance in office of the Chairman andother members of those bodies and othermatters relating to them.

38. Subject to this Act and the Statutes, the Senate may bystatutory instrument make regulations relating to teaching, courses

Other staff ofCampuses.

CampusStandingCommittee.

Funds ofUniversity.

Fund raisingby University.

Accounts andaudit.

Convocation.

Congregation.

Statutes ofUniversity.

Regulations.

Act No. 6 of1991.

CampusRegistry andFinanceOffice.

No. 1 Universities Act 2005No. 1 Universities Act 2005 1918

of study, the award of degrees, diplomas and other distinctions, theconduct of examinations, conditions under which students shall bepermitted to continue their studies in the University, academic dress,and to such other matters as it considers necessary or desirable forthe purpose of carrying out the objects of the University.

39. The Court and the Senate may each make Standing Ordersfor the internal regulation of the conduct of their respective functions.

40. It shall be the duty of the Court to refer to the Senate anymatter coming before it which it considers to be of an academic natureand the Senate shall also bring before the Court any matter comingbefore it which it considers to have financial implications or in anyway might affect the general well being of the University or itsrelationship with persons or bodies outside the University.

41. (1) There shall be a University Co-ordinating Committeein each University entrusted with the responsibilities of co-ordinatingthe day-to-day administrative and financial operations of theUniversity.

(2) The Committee referred to in subsection (1) shallconsist of the following:

(a) Vice Chancellor and Principal as Chairman;

(b) Pro Vice-Chancellor;

(c) Deputy Vice-Chancellors;

(d) Registrar;

(e) Deputy Registrar on each Campus;

(f) Finance Director;

(g) Deputy Finance Director or Senior AssistantFinance Officer on each Campus;

(h) a representative of the Academic StaffAssociation.

42. (1) The Minister, after consultation with the Ministerresponsible for finance and acting on the advice of the TertiaryEducation Commission, may by statutory instrument, establish a newuniversity in Sierra Leone, and may amend the First Schedule for thatpurpose; and the provisions of this Act, shall, with the necessarymodifications, apply to such university.

(2) A university established under subsection (l) shallhave a Chancellor who shall be the head of the University appointedby the President, on the advice of the Minister, from among respectablesenior citizens of proven experience and sound academic andadministrative distinction.

43. (1) Any person may, with the approval of the Minister,acting on the advice of the Tertiary Education Commission, establisha private university in Sierra Leone to be run as a company limited byguarantee.

(2) The Tertiary Education Commission hereinafterreferred to as the Commission may advise the establishment of aprivate university for the approval of the Minister if

(a) the objects of the proposed university areconsistent with the objects stated in section10 of the Education Act, 2004;

(b) the promoters have adequate resources forthe operation of the proposed university;

(c) it is in the public interest that the universitybe established.

(3) Any person wishing to establish a private universityshall apply to the Commission with the particulars of the companyreferred to in subsection (1) and a business plan showing the objectsof the company as a university and the resources available for itsoperation.

StandingOrders.

Miscellaneouspowers.

UniversityCo-ordinatingCommittee.

Establishmentof otherUniversitiesby Minister.

Establishmentof privateuniversity.


(4) After receiving the application, the Commission shallwithin sixty days, advise the establishment of the private universitywhere it is satisfied that the application is in compliance withsubsection (2), but shall otherwise refuse to advise the establishment,stating its reasons to the applicants.

(5) The Commission may, in giving its reasons undersubsection (4), recommend to the applicant such corrective or remedialmeasures which when taken with regard to the application, may enablethe Commission to reverse its decision.

(6) An applicant who is aggrieved by the refusal of theCommission to grant his application, may appeal to the Minister andthereafter to the High Court.

(7) An institution in respect of which an application hasbeen rejected under this Act shall not operate as a university.

44. The provisions of this Act, except sections 3, 4, 5, 32, and34, shall, with the necessary modifications, apply to any privateuniversity established under section 43.

45. (1) The following Acts are repealed:

(a) Njala University College Act, 1964; and

(b) University of Sierra Leone Act, 1972.

(2) Notwithstanding the repeals effected by subsection(1), any Statutes, Regulations or Standing Orders made under any ofthe repealed enactments and in force immediately before thecommencement of this Act, shall remain in force until revoked underthis Act.

FIRST SCHEDULE (Section 3 (1))

CONSTITUENT INSTITUTIONS OF UNIVERSITIES

UNIVERSITY CONSTITUENT INSTITUTIONS

1. University of Sierra Leone (l) Fourah Bay College.

(2) College of Medicine andAllied Health Sciences,incorporating the NursingEducation Centre (NationalSchool of Nursing) and thePharmacy TechniciansSchool.

(3) Institute of Public Admini-stration and Management.

(4) Any other institution thatmay, on the advice of theTertiary Education Com-mission, be constituted, asa Campus by statutoryinstrument made by theMinister.

2. Njala University (l) Njala University College.

(2) Bo Campus, consisting ofBo Teachers College andSchool of Health Sciences,constituted from theSchool of Hygiene andParamedical School

(3) Bonthe Technical Instituteas an affiliate institution.

(4) Any other institution thatmay, on the advice of theTertiary Education Com-mission, be constituted, asa Campus by statutoryinstrument made by theMinister.

20 21

Applicationof Act toprivateuniversity.

Repeal of ActNo. 18 of1964 and ActNo. 22 of1972.


SECOND SCHEDULE (Section 2)

STATUTES

CHAPTER 1

DEFINITIONS

1. In these Statutes, unless the context otherwise requires

academic staff means the professors, associateprofessors or readers, senior lecturers, lecturers,assistant lecturers and any other officers of theuniversity with teaching or research duties thereinand the campus Librarians and senior library staff;

Act means the Universities Act, 2004;

Campus has the same meaning as in the Act;

Chief Guest means the Minister of Education invitedby the University to witness the proceedings ofConvocation;

departmentmeans a department of a University;

faculty means a Faculty or School of a University;

honorary graduate means a person to whom anhonorary degree of the University has been granted;

Librarian means a person holding such an office inthe University;

professor, associate professor senior lecturer,lecturer, or assistant lecturer, means, unlessotherwise stated, a professor, associate professor,senior lecturer, lecturer, assistant lecturer in theUniversity;

senior administrative staff means the Registrar,Finance Director, Estate Officer and UniversityArchitect, the medical officers, and their deputiesand assistants, including administrative assistants;

senior members of staff means members of theacademic staff and senior administrative staff of theUniversity and such other officers appointed by theUniversity as the Court shall so designate;

University means a University established bysection 3 or any other University established undersection 42 of the Act.

CHAPTER II

COURT

2. The Court of each of the Universities shall be composed ofthe following members:

CLASS I Ex-Officio Members

(a) Chancellor

(b) Pro-Chancellor

(c) Vice- Chancellor and Principal

(d) Pro Vice-Chancellor

(e) Deputy Vice-Chancellor.

CLASS II

(a) Eight representatives of the Senate

(b) One representative of the Tertiary EducationCommission

(c) Director-General (Education), Ministry ofEducation, Science and Technology or hisrepresentative

22 23

Definitions.

Compositionof Court.


(d) Director-General, Ministry of Agriculture,Forestry and Food Security or hisrepresentative

(e) Director-General, Ministry of Health andSanitation or his representative

(f) One representative of Principals of SeniorSecondary Schools

(g) One representative of the National Councilfor Technical, Vocational and other Awards

(h) One representative each of the Provinces andthe Western Area nominated by the Ministerof Education

(i) Two other persons nominated by the Minister

(1) One representative of the Academic StaffAssociations of the University

(k) One representative of the AdministrativeStaff Associations of the University

(I) One representative of the Intermediate andJunior Staff Associations of the University

(m) One Student representative from theStudents Associations of the University

(n) a Principal representing the Polytechnicswhich are affiliated to the University.

3. Elected and appointed members of the Court shall holdoffice for three years and shall be eligible for re-election or re-appointment.

4. (1) The Court shall meet at least twice a year at suchplace and time as it may determine, except that the first meeting shallbe held at such place and time as the Chancellor shall direct.

(2) Minutes shall be kept of all resolutions passed and ofall business done at each meeting of the Court.

(3) One-third of the membership of the Court shall form aquorum.

5. The Court may prescribe the delegation of any of its powersto the Executive Committee of the Court which shall be composed ofthe following members:

(a) Pro-Chancellor who shall be Chairman;

(b) Vice- Chancellor and Principal;

(c) Pro Vice-Chancellor;

(d) Deputy Vice-Chancellor;

(e) Four representatives of the Senate who areCourt members;

(f) Four other members of the Court not beingstaff of the University, appointed by theCourt.

6. Subject to the Act and these Statutes, and consistent withthe Tertiary Education Commission Act 2001, the powers andfunctions of the Court shall be to

(a) oversee the administration and managementof the finances, accounts, investments,endowment funds and property of theUniversity, including those properties whichare held in trust on behalf of the Universityby the University Board of Trustees and allthe business and affairs of the University;

(b) approve and monitor any investment ofmonies belonging to the University or heldin trust by the University Board of Trusteesas it shall from time to time think fit;

24 25

Terms ofoffice ofmembers ofCourt.

ExecutiveCommittee ofCourt.

Meetings ofCourt.

Functions ofCourt.

Act No. 8of 2001.


(c) authorise the borrowing of money from timeto time on behalf of the University for anyapproved purpose and to provide suchsecurity as may be necessary;

(d) authorise the making, varying, carrying outor cancelling of contracts on behalf of theUniversity;

(e) give guarantees for the payment of any sumsof money on the performance of any contractor obligation by any company, body, societyor person if the Court thinks it is in theinterest of the University to do so;

(f) provide and maintain the buildings, premises,library, laboratories, museums, gardens,furniture, apparatus and other facilitiesrequired for the discharge of the functions ofthe University alone or in cooperation withthe Board of Trustees of the University;

(g) authorise the establishment of all posts otherthan those created in the Act and theseStatutes in the University, to appoint to allposts so established and to determine thenormal place of work of all members of staffso appointed;

(h) establish salary scales for all personsemployed by the University and to determinethe terms and conditions of service of suchpersons, and to enter into contracts, whichspecify the salary scales, terms andconditions of service with each personappointed to the staff of the University.

(i) subject to the National Social Security andInsurance Act, 2001, make provision forschemes of superannuation, pensions,

gratuities or retirement benefits for all salariedofficers or their dependants and so far as theCourt may think fit, for other employees ofthe University or their dependants;

(j) suspend or abolish any post in the Universityother than those created in the Act or theseStatutes;

(k) employ, remunerate and receive the adviceof any person qualified to advise on anymatter within the jurisdiction of the Court;

(l) establish joint committees of the Court andSenate to which the Court may appointmembers of the Court and members of theSenate, to define the powers and to determinethe membership and quorum of such jointcommittees, and to delegate to any such jointcommittee any function which the Court itselfis competent to perform;

(m) admit to membership of any joint committeeof the Court and Senate representatives ofthe student body to be appointed in suchmanner and subject to such conditions asmay be prescribed;

(n) establish a joint committee of the Court andrepresentatives of the student body;

(o) on the recommendation of the Senate, to

(i) institute new degrees, diplomas,certificates and other academic awards,to prescribe regulations appertainingthereto, and to amend or add to existingregulations relating to existing degrees,diplomas, certificates and otheracademic awards.

26 27

Act No. 5of 2001.

JointCommitteesof Court andSenate.

Degrees, dip-lomas, certi-ficates andother acade-mic awards

JointCommittee ofCourt andstudent body.


(ii) regulate the courses of study, themanner of teaching, the length of theacademic session or sessions and themanner of conducting examinations;

(iii) determine the number and type ofhonorary degrees to be awarded in eachsession, and the names of therecipients;

(iv) regulate and alter the constitution, nameand number of faculties and schools, todiscontinue any faculty, institute orschool and to create new faculties,institutes and schools;

(v) appoint and determine the remunerationof external examiners;

(p) regulate the amount of the payment andappropriation of fees and other paymentsmade by students;

(q) prescribe by standing orders or otherwise todecide such matters as are not dealt with inthe Act and Statutes as the Court may thinkfit, to prescribe by standing orders orotherwise to decide.

CHAPTER III

SENATE

7. (1) The Senate shall be composed of the followingmembers:

(a) Vice-Chancellor and Principal who shall beChairman;


(c) Deputy Vice-Chancellors;(d) Directors of institutes and schools

established by the University;

(e) Deans of faculties;

(f) Heads of departments;

(g) all members of professorial status in theUniversity;

(h) all Librarians of the Campuses;

(i) one academic staff member elected by eachFaculty of the University.

(2) Elected members shall hold office for a period of two yearsand shall be eligible for re-election, but no elected member shall holdoffice for more than three consecutive periods.

(3) The Senate may prescribe the delegation of any of itspowers to the Executive Committee of Senate, which shall becomposed of the following members:

(a) Vice-Chancellor and Principal who shall beChairman;


(c) Deputy Vice-Chancellors;

(d) Deans of faculties of the University;

(e) Two members of the Senate appointed by theSenate.

8. (1) The Senate shall meet at least once a term or semester,and at any other time, at the request of the Vice-Chancellor andPrincipal, or of one-fourth of its members.

(2) Minutes shall be kept of all resolutions passed and ofall business done at each meeting of the Senate.

(3) One-third of the membership of the Senate shall forma quorum.

28 29

HonoraryDegrees.

Faculties,Institutes andSchools.

ExternalExaminers.

Student Fees.

General.

Compositionof Senate. Meetings of

Senate.


9. Subject to the Act, the powers of the Senate shall includethe following:

(a) to regulate and superintend all the instructionand teaching within the University and theexaminations pertaining thereto;

(b) to regulate the admission of persons to theUniversity and to courses of study in theUniversity, through centralized admission;

(c) to regulate and control the conditionsqualifying students for matriculation and foradmission to the various degrees and otherawards offered by the University;

(d) to authorise the granting of degrees (excepthonorary degrees), diplomas, certificates andother academic awards offered by theUniversity to persons who shall satisfy theconditions for awards thereof as prescribedin these Statutes;

(e) to promote research in the University and torequire from time to time reports on suchresearch;

(f) to be generally responsible for theadministration of the College or campuslibraries;

(g) to promote and administer the extension orextra-mural work of the University;

(h) subject to these Statutes

(i) by Rules made thereunder to regulateand superintend the discipline ofstudents;

(ii) to refuse, without assigning anyreasons, to admit any person as astudent of the University;

(iii) to take such steps as it thinks fit for thesupervision of organizations ofstudents;

(iv) to receive reports of faculties andacademic matters, including physicalfacilities and student members;

(i) to receive reports on the annual accounts ofthe faculties;

(j) to make recommendations to the Court for -

(i) the funding of new and abolition ofexisting professorships;

(ii) the establishment, suspension orabolition of any academic or other postsin the University other than a postcreated by the Act and these Statutes

(iii) instituting new degrees, diplomas,certificates and other academic awards,prescribing the regulations thereof andfor adding to or otherwise amendingregulations for existing degrees,diplomas, certificates and otheracademic awards;

(iv) establishing new courses of study, andregulating and altering existing coursesof study, the manner of teaching, thelength of the academic session orsessions and the manner of conductingexaminations;

(v) regulating the appointment and numberof external examiners;

(vi) in accordance with section 25 (1) (d) ofthe Act, regulating and altering the

30 31Powers ofSenate.

Teaching andexaminations.

Admission ofstudents.

Matriculation.

Awards ofdegrees, etc.

Research.

Libraries.

Extensionwork.

Studentdiscipline.

Academic andfinancialmonitoring.

Recommen-dations toCourt.

Academic andother posts.

Degrees, etc.

Courses ofStudy.

Externalexaminers.

Faculties,institutes andschools.


constitution and location of faculties,institutes and schools of the Universityand for discontinuing any of thoseexisting and creating new faculties,institutes and schools of the University;subject to the provisions of the TertiaryEducation Commission Act, 2001;

(vii) pursuant to section 25 (l)(c) of the Act,reporting its decisions or recommen-dations to the Court on any academicmatter whatsoever and on any matterreferred to it by the Court and on anymatter whatsoever relating to theUniversity;

(viii) the academic dresses to be worn byofficers and members of the Universityand the occasions on which they shallbe worn;

(k) pursuant to section 25 (2) of the Act -

(i) appointing committees of its ownnumber or other persons and subject tothese Statutes, to delegate powers andbusiness to and to determine themembership and quorum of suchcommittees;

(ii) appointing members of the Senate asits representatives on joint committeesof the Court and Senate and subject tothese Statutes, to delegate to any suchjoint committee any power or functionof the Senate;

(iii) establishing a joint committee of theSenate and representatives of thestudent body to be known as theSTAFF-STUDENT COMMITTEE.

(l) (i) delegating powers and business to any otheror all of the faculties;

(ii) reviewing, amending, referring back,controlling or disallowing any act of anyFaculty Board and to give directions to anysuch Board;

(m) to do such other acts and things as the Courtmay authorise.

CHAPTER IV

THE CAMPUSES

10. (1) There shall be on each Campus of each University aStanding Committee which shall be composed of the followingmembers:

CLASS I: The following Ex-Officio Members:

(a) Vice- Chancellor and Principal, who shall bethe Chairman;


(c) Registrar;

(d) Finance Director;

(e) University Librarian;

(f) University Medical Officer;

(g) Director of Physical and Plant Services.

CLASS II

(a) Deputy Vice-Chancellor;

(b) Deputy Registrar;

32 33

Committees.

FacultyBoards.

General.


Act No. 8of 2001.


(c) Deputy Finance Director, Senior AssistantFinance Officer;

(d) Deans of Faculties;

(e) Deputy Librarian;

(f) Faculty representatives (one from eachfaculty);

(g) Campus Medical Officer;

(h) Assistant Estate Officer;

(i) Academic Staff representative;

(j) Administrative Staff representative;

(k) Junior Staff representative;

(l) Student representative;

(m) Two representatives from the locality of theCampus, one of whom shall be a woman,nominated by the locality and approved bythe Minister.

(2) The Standing Committee shall have executiveauthority in those matters which are of a domestic nature, and shallbe advisory to the Senate and the Court on all other matters; andshall receive reports and recommendations from the Faculty Boardsand from such other committees as may exist within the Campus.

(3) Without prejudice to the generality of subparagraph(2), the Campus Committee shall have the duties and powers set outin paragraph 12 of these Statutes.

11. (1) The Deputy Vice-Chancellor or Dean of Campus shall

(a) be Chairman of all campus committees exceptthe Standing Committee of which he shall beDeputy Chairman;

(b) exercise such disciplinary powers in respectof students of the Campus as may beprescribed by the Court.

12. Subject to the Act and these Statutes, the powers andfunctions of a Standing Committee shall include the following:

(a) to regulate the arrangements for theaccommodation for those students of theUniversity who are in residence on theCampus;

(b) to regulate and control student dormitories,dinning halls and recreational facilities;

(c) to regulate and superintend the discipline ofstudents of the Campus in accordance withthe powers delegated by Senate in Rulesmade under paragraph 9 (h) of these Statutes;

(d) to take such steps as it thinks fit for thesupervision of organizations of students;

(e) to establish a joint committee of the StandingCommittee and representatives of thestudent body;

(f) to appoint such junior staff, including non-academic staff, as it thinks fit, to maintain thebuildings, grounds and functions of thecampus and to enforce such securitymeasures as it thinks proper;

(g) to receive reports from the boards of thosefaculties which have constituent departmentssituated in the campus;

(h) to receive reports from any other Committeeof the University concerned with matterswhich may be thought to affect or involvethe activities of the Campus;

34 35


Functions ofDeputy Vice-Chancellor.

StudentsAccomodation.

Studentdiscipline.

Staff.

General.


(i) to consider any matter whatsoever whetherreferred to it by the Court or Senate or not,which has a bearing on the University or thecampus separately or conjointly and to advisethe Court or Senate appropriately;

(j) to establish, where necessary, sub-committees to deal with matters within itscompetence.

13. No act or resolution of the Court, Senate, any CampusStanding Committee, any Faculty Board, Committee or other bodyconstituted in accordance with these Statutes shall be invalid byreason only of any vacancy in the body doing or passing it or byreason of any want of qualification by or invalidity in the election,nomination, co-option or appointment of any de facto member of thebody concerned.

CHAPTER V

FACULTIES

14. (1) In the University of Sierra Leone, there shall be thefaculties or schools of

(a) Accounting and Finance

(b) Arts

(c) Business Studies and Management

(d) Basic Medical Sciences

(e) Clinical Sciences

(f) Engineering and Architecture

(g) Pharmaceutical Sciences

(h) Pure and Applied Sciences

(i) Social Sciences and Law

(j) Nursing

(2) In Njala University, there shall be the followingfaculties or schools of

(a) Agriculture

(b) Forestry and Silviculture

(c) Education

(d) Environmental Sciences

(e) Community Health

(f) Medical Sciences

(g) Technology

(h) Social Sciences.

(3) There shall also be such other faculties or schools inaddition to those mentioned in subparagraphs (1) and (2) as may bedetermined by the Court of each University and approved by theTertiary Education Commission, subject to the Act.

15. The determination of departments, and their membership,and the boards of faculties and schools as well as the election ofDeans and the administration of faculties and schools shall be asprovided in paragraphs 17 to 24 of these Statutes.

16. (1) The Vice-Chancellor and Principal shall by virtue ofhis office, be a member of every committee appointed by the Court orSenate, unless otherwise explicitly provided.

(2) The Vice-Chancellor and Principal may, unlessotherwise precluded by the Act, assign or delegate any of his dutiesto a committee or to a member of the University staff and may withdrawany such assignment or delegation at any time.

36 37

Acts notinvalidated byvacancies.

Faculties.

Departments,administrationof facultiesand schools,etc.

Vice-Chance-llor to bemember ofCourt andSenateCommittees.


17. (1) The Senate shall prescribe which departments shallbelong to each faculty.

(2) Each department shall be regarded for administrativepurposes as being a constituent department of one faculty only, butmay in relation to other faculties in which such a department hasteaching or other responsibilities, be regarded as being associatedwith such a faculty or faculties.

18. All members of the academic staff of the departmentscomprising a faculty and all the ex-officio members of the facultyBoard of that faculty shall be members of the faculty.

19. (1) Each faculty shall be governed by a board, whichshall have the following members:

(a) the Dean of the faculty;

(b) all professors, associate professors, seniorlectures, lecturers, assistant lecturers andother academic staff of equivalent grades inthe constituent departments or nominees ofthe faculty;

(c) heads of departments or nominees of suchheads in the associate departments of thefaculty;

(d) all professors, associate professors, lecturersand other full-time staff of equivalent gradesin associated departments engaged inteaching students within the faculty;

(e) up to two students from amongst the full-time students of the University, studyingwithin the faculty and elected annually bysecret ballot of the students in theconstituent departments.

(2) The Vice-Chancellor and Principal, Deputy Vice-Chancellors shall be ex-officio members of the boards of faculties.

20. Each board of faculty shall have the following powers andfunctions:

(a) to advise the Senate on all matters relating tothe organization of teaching and research inthe subjects of the faculty, including curriculaand examinations;

(b) to approve estimates of departments forsubmission to the Deputy Finance Directorand the Senate;

(c) to consider and report to the Senate on anysubject or combination of subjects of study;

(d) to receive annual reports of the Dean,including departmental managementinformation on budgetary inputs into thefaculty, approved cost centres, showingachieved outcomes for investments;

(e) subject to the approval of the Senate, eitheralone or in combination with one or morefaculty boards, to constitute such coursesof studies as it may deem necessary.

21. Each faculty shall

(a) appoint a board of examiners of the faculty,which shall consist of all internal and externalexaminers, appointed by the academic board,with the Dean as chaimman, and which shallreceive examination results and recommendthereon to the Senate;

(b) submit nominations of external examiners tothe Senate.

38 39Departmentsof faculties.

Members offaculty.

Members offaculty board.

FacultyBoard, powersand functions.

Appointmentof board ofexaminers,externalexaminers,etc.


22. Each faculty shall have power to determine the number ofstudents to be admitted to each of the departments of the faculty andto specify the academic attainment which such students must possessin order to be accepted by the faculty.

23. (1) Each faculty shall have power to

(a) make recommendations to the academicboard for the founding of new, and theabolition of existing lectureships and theabolition of any academic or other posts inthe faculty other than those created by theAct and these Statutes;

(b) discuss any matter relating to the faculty andany matter referred to it by the Senate and toconvey its views and recommendationsthereon to the Senate.

(2) Subject to the Act and these Statutes, each facultyboard shall have such other powers and functions as the Senate mayauthorise or prescribe.

24. (1) The members of each faculty board shall elect one oftheir number, who is a Professor to be Dean of the Faculty, subject toconfirmation by the Senate and the Court.

(2) Where no candidate of that rank exists, an AssociateProfessor, and if none exists, then persons who have held the positionof Senior Lecturer for at least five years together with such otheracademic experience as may be determined by the Senate and theCourt, may be eligible.

(3) Where the faculty board fails to make a nomination,the Court shall appoint the Dean, and while the retiring Dean shall beeligible for re-election he shall normally not be elected more thantwice consecutively.

(4) If the office of Dean should become vacant duringthe normal period of office, the Board of the faculty concerned shallimmediately proceed to have a new Dean elected for nomination tohold office for the remainder of the biennial period.

(5) The Dean shall preside at meetings of each faculty,and where he is not present, the meeting shall proceed to elect aChaimman for that meeting.

(6) The Dean of each faculty shall present a report of thebusiness of the faculty board at each meeting of the Senate, and inhis absence, a person nominated by the Dean shall present the report.

(7) The Dean of each faculty shall receive suchremuneration as the Court may determine.

CHAPTER VI

REGISTRAR

25. The Registrar shall advise the Vice-Chancellor and Principalon all administrative matters and shall

(a) provide secretarial services for the Court,Senate, Standing Committees of Campuses,faculty and all other committees of theUniversity;

(b) be responsible, under the direction of theVice-Chancellor and Principal, for theorganization of the administrativearrangements of the Campuses; and

(c) as Secretary to the Court and the Senate, beresponsible for communicating the decisionsof those bodies to all individuals who maybe affected by those decisions.

CHAPTER VII

FINANCE DIRECTOR

26. (1) The Finance Director shall administer the Universityfunds in accordance with such financial management policy as maybe prescribed by the Court.

40 41

Election ofDeans.

Admission ofstudents.

Founding andabolition ofpositions.

Office ofRegistrar.

Functions ofFinanceDirector.


(2) Without prejudice to the generality of subsection (1),it shall be the responsibility of the Finance Director to

(a) prepare the annual budget and financialreports to be submitted to the Court by theVice-Chancellor and Principal; and

(b) advise the Vice-Chancellor and Principal onall financial matters.

CHAPTER VIII

AUDITORS

27. (1) The Auditor-General of Sierra Leone shall audit theaccounts of the Universities, in accordance with the laws of SierraLeone, as contained in section 119 of the Constitution and Part VI ofthe Public Budgeting and Accounting Act, 1992 (Act No. 1 of 1992),or other appropriate legislation in operation at that time.

(2) A copy of the audit report shall be submitted to theCourt and to the Tertiary Education Commission, in addition to theother authorities designated in the laws referred to in paragraph (1).

(3) The Auditor-General shall have a right of access at allreasonable times to the books, records, accounts and vouchers ofthe University and such other information and explanations as maybe necessary for the performance of his duties.

CHAPTER IX

CONVOCATION FOR EACH UNIVERSITY

28. (1) The Convocation shall consist of the graduates andthe following persons:

(a) Chancellor

(b) Chief Guest

(c) Pro-Chancellor

(d) Vice-Chancellor and Principal

(e) Pro Vice-Chancellor

(f) Deputy Vice-Chancellors

(g) Members of the academic staff

(h) University Registrar

(i) University Librarian

(j) Finance Director

(k) Director of Physical and Plant Services

(l) Graduates of the University

(m) University Medical Officer

(n) such other persons holding appointments inthe University as may be invited tomembership by the Court.

(2) The graduates referred to in subparagraph (l) ofparagraph (1) shall be

(a) in the case of the University of Sierra Leone,graduates of the former University of SierraLeone who pursued the whole or part of theiruniversity studies in FBC, COMAHS, IPAMor INSLIBS;

(b) in the case of the Njala University, graduatesof the former University of Sierra Leone whopursued the whole or part of their Universitystudies in NUC;

(c) honorary graduates of the University;

(d) honorary graduates of the former Universityof Sierra Leone.

43

ConstitutionofConvocation.

Audit ofUniversityaccounts

42


(3) The Chancellor shall preside at meetings of theConvocation, but in the absence of the Chancellor, the Pro-Chancellorshall preside; and in the absence of both the Chancellor and the ProChancellor, a Chairman for the time being shall be elected by themeeting from among members of the Convocation who are not officersof the University.

(4) The Convocation shall have the power to makerepresentations to the Court on all matters affecting the well beingand prosperity of the University.

(5) The Convocation shall meet once every two years atsuch time and place as the Chancellor shall determine but may meetmore than once at the request in writing of the Chancellor or one thirdof the membership by notice stating the business to be transacted.

(6) At any meeting of the Convocation, a report on theState of the University, including the audited accounts of theUniversity and the work of the University for the previous financialyear or years, as the case may be, shall be presented to the meetingby the Vice-Chancellor and Principal for the information of members.

(7) The financial year of the University shall be the sameas the financial year of the Government.

CHAPTER X

CONGREGATION

29. (1) For the purpose of conferring degrees on theUniversity and of awarding degrees, diplomas, certificates and otheracademic awards and for other academic purposes, there shall beheld under the auspices of the Court, a meeting of the University,which shall be called a Congregation.

(2) A Congregation for the conferment of degrees shallbe held at least once every year at such time and place as shall bedecided by the Court; and the degrees and other academic awardsshall be presented by the person presiding.

(3) A Congregation shall include the Minister and shallbe presided over by the Chancellor or in the absence of the Chancellor,the Vice-Chancellor and Principal shall preside; in the absence of theVice-Chancellor and Principal, the Pro Vice-Chancellor shall presideand in the absence of the Pro Vice-Chancellor a Deputy Vice-Chancellor, nominated by the Court, shall preside.

(4) The procedure for summoning a Congregation, andfor the presentation of graduands for conferring degrees in and forall other matters relating to Congregations shall be determined by theCourt.

CHAPTER XI

SUSPENSION, REMOVAL AND RETIREMENTOF MEMBERS OF STAFF

30. (1) For what after due investigation, the Court shall deemto be good cause, the Court may

(a) suspend any senior member of the Universityand any holder of any other post specifiedby the Court, from office, and from the receiptof emoluments thereof in whole or in part, forany period, not exceeding one year; afterwhich, the case shall be reviewed;

(b) remove any such person from office by

(i) termination of contract; or

(ii) dismissal.

(2) Where a contract is to be terminated

(a) the person concerned shall be given theamount of notice specified in his contract andhe shall also be entitled to all arrears of

44 45Chairman.

Congregation.

Power.

Suspension,retirement,etc., of staff.


emoluments, the Universitys contribution toany pension scheme other than the socialsecurity scheme and all leave entitlementwhich will have accrued to him at the date onwhich he ceases to be employed by theUniversity; and

(b) in the case of dismissal, which may besummary, no notice shall be given and theperson concerned ceases to be employed bythe University from the date of the dismissal.

(3) No person shall be suspended or removed by theCourt, during the period of the contract, in the exercise of powersconferred by these Statutes, unless he has been given a reasonableopportunity to defend himself.

(4) A reasonable opportunity to defend oneself meansthat the laws of natural justice shall be observed and the personconcerned shall be entitled to be legally represented, to call witnessesin his own defence and to cross-examine any adverse witness and toadduce such evidence as he deems necessary for his defence; and ifthe decision of the Court is to suspend or remove him, he may appealto the Chancellor who, after examining the evidence, may request theCourt to constitute a new panel to review the case.

(5) Where the Court takes proceedings against any seniormember of staff in terms of this paragraph, the Court and the seniormember of staff concerned may require members of staff to giveevidence or produce documents and may conduct such inquiries asthey may severally deem necessary.

(6) For the purpose of this paragraph, good causemeans

(a) conviction of any crime or offence which theCourt shall deem to be such as to render theperson concerned unfit to continue to holdhis office;

(b) conduct, which the Court shall deem to besuch as to constitute failure or inability ofthe person concerned to perfomm the dutiesor to comply with the conditions of tenure ofhis office;

(c) physical or mental incapacity which the Courtshall deem to be such as to render the personconcerned unfit for the execution of theduties of his office.

(7) Subject to the terms of his contract, no person who isa senior member of staff of the University or holder of any other postspecified by the Court for the purposes of subparagraph (l) shall beremoved from office in the University, except upon the groundspecified in subparagraph (6).

(8) Each senior member of staff or holder of any post specifiedin these Statutes, shall be required to retire from the thirtieth day ofSeptember following the date on which he attains the age of sixty-five years, unless the Court decides otherwise.

CHAPTER XII

STUDENT DISCIPLINE

31. (1) Subject to the Act and these Statutes, the Vice-Chancellor and Principal may, for good cause as defined in the Rulesmade under this paragraph, exclude any student from any part of theUniversity or its precincts, and may suspend any student from anyclass or classes, but such exclusion or suspension shall be reportedby the Vice-Chancellor and Principal to the Senate at its next meeting.

46 47

Retirement.

Studentdiscipline.


(2) Without prejudice to the power of the Vice- Chancellorand Principal to exclude or suspend students under subparagraph(1), the procedures governing the exclusion, suspension, expulsionor other punishment of students by the Senate for infractions ofdiscipline shall be prescribed by Rules, a copy of which shall bedeposited with the Tertiary Education Commission:

Provided that punishments may include reprimand, monetaryfine and the cost of making good any damage.

(3) The powers of a Senate in regard to all prescribedpunishments may be delegated to a committee to be known as theDISCIPLINE COMMITTEE consisting of such number, being notless than seven, of its members to which such limited powers ofpunishment, as specified by the Rules may be delegated by the Senateto the Vice-Chancellor and Principal, the Pro Vice- Chancellor, theCampus Standing Committees, the Deputy Vice-Chancellor, the Deansof Faculties, the Campus or College Librarians and the Wardens ofthe Halls of Residence.

(4) The procedure for reporting any exclusion,suspension or expulsion of a student by the Vice-Chancellor andPrincipal, or in the exercise of any delegated powers, to the nextmeeting of the Senate shall be prescribed by the Rules, and theprocedure for reporting to the Vice-Chancellor and Principal anypunishment imposed in the exercise of delegated powers of limitedpunishment shall be prescribed by Rules.

(5) The procedure governing the right of a student to defendhimself in the exercise of any of the disciplinary powers as defined insubparagraphs (l) and (2) of this paragraph, shall be consistent withthe laws of natural justice; and a student shall be entitled to be

48 49

Delegation.

Report ofaction.

Procedure andright ofappeal.

represented, to call witnesses in his own defence, to cross-examine adversewitnesses and to adduce such evidence as he may deem necessary for his defence;and if the decision is that he is to be expelled, suspended or otherwise punished,he may appeal to the Court, which shall set up a Committee to examine the evidence,and if that Committee so advises, the Court may reverse the original decision orconduct further inquiries or confirm the original decision.

Passed in Parliament this 1st day of December, in the year of our Lord twothousand and four.

J. A. CARPENTER,Clerk of Parliament.

THIS PRINTED IMPRESSION has been carefully compared by me with the Billwhich has passed Parliament and found by me to be a true and correct printed copyof the said Bill.

J. A. CARPENTER,Clerk of Parliament.

Documents

University Act 2005